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Rights & liberties

Takings Clause

Private property may not be taken for public use without just compensation. The constitutional basis and limit of eminent domain.

In full

A physical taking requires compensation at fair market value. A regulation can also be a taking if it goes too far, most clearly when it deprives land of all economic value. Kelo v. City of New London (2005) held that economic development can qualify as public use, prompting many states to restrict such takings by statute.

Also written as: eminent domain

Where to go next

Written from Constitution Annotated, Library of Congress

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A plain-language explanation for civic education, not legal advice. When in doubt, the official source named above controls.